North America 565 Gordon Baker Road North York, Ontario M2H 2W2, Canada
This Developer Agreement is a contract between you, a client of at least 18 years of age and bannercenter.net regarding your registration, and use of the Banner Center banner creation services.
All references to "we", "us", "our" and "Banner Center" in this Agreement are intended to refer to bannercenter.net and its affiliated entities.
All references to "you" and "your" in this Agreement are intended to refer to the Client.
1. Modification of this Agreement.
Banner Center reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time without notice. Please check this Agreement periodically for changes. Any material changes to this Agreement; such amended terms will automatically be effective immediately after being posted on www.bannercenter.net
To create a banner, choose your banner size, enter the URL to which the banner will be linked to, upload your logo if you have one, enter the desired text you wish to appear on the ad and type in any comments or requests you may have. Once you complete these steps you will be prompted to create an account and enter your billing info.
Once your payment has been approved we will notify you via email to confirm your banner purchase, along with your banner design.
There are a maximum of 3 revisions for all banner creations and design. Any subsequent changes will incur a cost of $20 for each additional revision there-after.
A revision will be counted if any of the following must be done in the banner:
- - Change of text
- - Change of graphic
- - Change of color
- - Change of URL Link
- - Any changes necessary from our designers
Subsequent changes can be costly, so be sure to revise all your information before you hit any "Submit" buttons.
In connection with using Banner Center, you further agree, represent and warrant that you will not:
(i) Submit material that is copyrighted, protected by trade secret (local, national or international) laws or is otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Banner Center and the users of the www.bannercenter.net all of the license rights granted herein;
(ii) Publish falsehoods or misrepresentations that could damage Banner Center or any third party person or entity;
(iii) Submit material that is defamatory, unlawful, obscene, libellous, threatening, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil or serious criminal liability, violate any law or is otherwise inappropriate;
(iv) Submit material that contains computer instructions, circuitry or other technological means whose purpose or effect is to disrupt, damage or interfere with any computer and communications facilities or equipment, including, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that self-replicates;
6. Limitation of Liability and Damages.
ALL PARTIES HERETO EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY TO THE OTHER PARTY THAT THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT WILL PRODUCE ANY LEVEL OF INCOME, PROFITS OR BUSINESS FOR THE OTHER PARTY.
NEITHER PARTY SHALL BE LIABLE TO OTHER PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOST PROFITS), INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF ITS PERFORMANCE OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY, DAMAGE OR DISRUPTION TO CLICKSOR EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE OTHER'S SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Miscellaneous - Force Majeure.
Without limiting the foregoing, under no circumstances shall Banner Center or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Last Updated: January 25, 2010